Divorce Appeals Lawyer Serving Chicago and Elmhurst, IL
Experienced Illinois Lawyers Handling Family Law Appeals and Judgment Enforcement
If your family law matter has gone to trial or otherwise obtained a final judgment, you may find that critical mistakes were made by the judge in coming to a determination regarding property division, spousal maintenance, child support, or the like. Perhaps the trial judge has abused his or her discretion, made a decision not founded in law or the facts of your matter, or you may learn that new law has been formed that would change the outcome of your matter if heard today. If so, within 30 days, you may seek to appeal the court’s decision, whether to correct a result that is not supported by the record or correct an abuse of the trial judge’s discretion or due to new law. Whether the error was deliberate or inadvertent, you may have a basis for an Illinois appeal. Illinois family law appeals can be complex and require an attorney who is able to review the court decision you believe to be wrong, providing honest feedback to help you decide whether an appeal is appropriate and likely to obtain different results or create new law.
The laws related to Illinois appeals are very tedious and must be followed with specificity for the court to even consider your case, therefore an appeals attorney must ensure he or she is up-to-date on the Illinois Court Rules and Procedures as well as the Federal Civil Judicial Procedure and Rules. Appeals litigation can encompass the entire decision or portions of the final outcome of your trial. Weiss-Kunz & Oliver, LLC handle civil appeals in the Illinois state court systems. We have extensive appellate experience and can file and brief your appeal if you timely contact us about an unlawful decision.
Judgment Enforcement in Cook County
If one party believes the other has violated a court order or judgment, a Petition for Rule to Show Cause may be the appropriate vehicle for obtaining enforcment. Because ignoring an order from the court can cause hardship to the other party, violating Illinois family court orders or judgments is a serious matter and can result in warnings, wage garnishment, fines or even jail time. The Petition for Rule to Show Cause must be verified under oath by a party, will state the order or judgment which was violated by the other party, and set forth the violation of the other party and what they did or did not do that caused the breach.
The initial filing of the Petition for Rule to Show Cause should be accompanied with a Notice of Motion that tells the recipient when the court date, time, and location for presentment will be. If you need to have a court order or judgment enforced due to the failure of your adversary to abide by the Judge’s orders, the skilled family law attorneys at Weiss-Kunz & Oliver, LLC are prepared to assist in even the most complex situations. Attorney Maxine Weiss Kunz is an accomplished litigator who advocates strongly for her clients throughout the legal process. Some of the more common causes for a judgment enforcement include:
- Failure to comply with a discovery order and timely turnover financial documents required during the pending action;
- A party or ex-spouse is not paying court ordered spousal support or alimony or maintenance;
- An ex-spouse fails to provide proof of maintaining life insurance;
- A parent obligated to pay support is not paying child support as ordered;
- A parent is not contributing to a child’s health expenses, extracurricular activities, daycare, or other out-of-pocket expenses of the child;
- A party fails to contribute to attorneys fees or college tuition as ordered by a Judge;
- An ex-spouse is not abiding by custody orders, such as failure to mutually consult on matters and not make unilateral decisions;
- A party is not following visitation orders, either by withholding a child from their visit , failing to timely return a child at the conclusion of a visit, failing to return a phone call made by the non-visiting parent, or the like; and
- An ex-spouse failed to sell property or turn over assets as directed in the divorce decree.
And the list goes on.
Modifications to Judgments
Disputes are common in divorce and child custody issues, and in some cases can continue long after the divorce judgment is entered with the court. Sometimes it is necessary or appropriate for a Judgment to be modified by filing a petition to modify. Property issues cannot be modified, but child support, reviewable maintenance, and children’s issues are always modifiable. If the children were young at the time of the divorce, issues related to each parent’s contributions to college or other post-high school education is likely undetermined and will need to be revisited because they were reserved in the Judgment. In some cases, economic situations can change drastically, whether from a job loss or health issue, warranting modification. These changes can result in the loss of medical benefits, being unable to work or care for a child or to make child support payments. In certain instances, a significant or substantial change in circumstances can provide grounds for a modification of an existing court order or judgment. The attorneys at Weiss-Kunz & Oliver, LLC can help clients actively pursue a post-judgment enforcement or modification order.
For experienced family law appeals representation for your divorce or child custody issue, to petition the court for modification or for a knowledgeable judgment enforcement attorney, contact Weiss-Kunz & Oliver, LLC today.